New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-08-26
PRICE THREE CENTS.
JUDGE POTTER Is FOR SHARP.
HE DECIDES AT LAST TO GIVE THE OLD
MAN A STAY.

- DcNADHo "a LdSl III luE OLU
MAN A STAY.
SURPRISE AT THE DECISION HERE-Ass SLANT
pisTRIcr-ArroRNEY sEMPLE DENvUNcEs
1T BoLDLY-sHARP RECEIVES THE
NEWS WITHOUT THE SLIGHT
EST COMMENT
Judge Potter has rendered his decision in the
Sharp case; it was received by the clerk of tho
Supreme Court here yesterday. The decision is
favorable to the prisoner. In consequence OF er.
roneous rulings which he says Judge Barrett
made during the trial, Judge Potter orders that
the sentence Of Sharp be not executed until the
General Term to whom an appeal was made, has
passed ulOn the case. General Term will not
convene until October. Until it either rcafiirms
or reverses the decision Of the lower court Sharp
Will remain in his present quarters at Ludlow
Street Jail unless. indeed, Supreme Court
Judge admits him to bail, application for which
Will doubtless be made by his counsel at once
lhe news Of the decision caused much surprise
and good deal of comment not at all favorable
to the judge who rendered it. Especially was
this true at the District Attorneys office, where
Judge Potter's action was openly denounced by
one OF Mr.. Martines assistants and representatives
A comparison between the treatment received
by Sharp and that metcd out TO "Boodlcr"
ONell, who was sent to Sing Sing pending an
appeal Oh MS case, was made by many who have
watched the course oil the eX-AIIermens trials
Naturally Sharp's lawyers felt highly eIated,
though they endeavOred to conceal their exulta
ton as much as possible Boulke Cochran read
The TRIBUNE bulletin about the decision early
in the day, smile of intense satisfaction stole
over his expressive face and with the look Of
a man whose fOndest hopes had been realized,
nc started across City Hall Park to the District
Attorneys office, but neither Mr.. MARITIME nor
Mr. Nicoil was there to witness the JOY OF tho
defendants counsel
W. ii. Clark. OF Cochran & Clark, conveyed TO
JACOB Sharp the news of the stay. 1t was con-
tanned in a letter. Mr.. Sharp glanced it over,
appeared TO be unmoved, and hanaed the missive
to Mis-. Sharp, VINO Sat Mr. Snaps cot
WIN IA look oI anxiety Oh her Iacc. She read the
communication slow ~ and carefully, ana rs tie
tuli import OF the matter dawncd upon her,
exclaimed as the tears came INTO her eyes:
Thank God"
This was the most marked manifestation at
tending the receipt oil the news. Albert Stlckney
cailed early IN the day on Mr.. Sharp, but AZ
that time he was not aware oI Justice Potter
decision. Mr.. Sharp remained thi OUghout tie
day in the same state OF health had Character
lzed him the day before. DR.. Looms. who called
in the afternoon, said that his patient appeared
undisturbed by the news. Sharp passed the day
reclining on his couch. lie is nervous and fever
ish yet he bears up well, take it all in all
w. Bourkc Cochran was particularly eated over
Justice Potters decision. As he emerged from the
Court House he was approached on tue subject.
Of the decision with the expression;
So you have won, eh ?"
Yes" replied Mr.. Cochran, and we ought
to have won" lie expressed himself, naturally,
A. well pleased with the decision aud hurried away
What the next step viii be on the part OF Mr..
Sharp's lawyers not learned vest ruay with
the dcfniteness which warrants prophecy. There
Is no doubt, however, that an application for
the admission Of the prisoner TO bal VIII be
made When this will be done Is stlll matter
for speculation Messrs. Stcllney, Cochran, Par
sons and Fullerton have Yet to consider that
point. Before what Justice of the Supreme Court
the application will he made is still matter for
the future to determine, rs Mr.. Snaps lawyers
are silent on that point.
The news of the decision reached the District
Attorneys office early and seemed to cause con-
sidera lc surprise Mr.. MARITIME is at Seabrght
and Mr.. Nicoll is at Bar Harbor. but Assistant
District Attorney Fitzgerald at once informed both
Of Judge Potter's action, and then expressed
himself on the subject in this way
Judge Potter's action surprises me greatly We nave
yet received no official noilhestiG9. OMt I've sent
document The judges decision makes the temporary
stay Tnt ne nr Judges Van Brnnt
Daniels and Brady We shall put the case nrst ON me
both pear that It viii be practically retal Of the
case before these Judges. In the meantime we shali
70 bail though IL probable that his counsel will be-
fore some Supreme Court Judge perhaps Judge Potter
should be surprised at this in view OF what has oc-
cnrredaul have bail fixed in the case Whether
they will succeed in getting man worth million aud
half ont on a nominal bail remains to G seen
Assistant Distrct-Artorney Semple was ontsp0ken
i'm his denuncIatiOn of the decision. SAID he
It scandal justice that such thing should nap
nen and YOU may quote saving so. Formerly inc
law e 1ured that stay could only be granted by tho
ind 70 pre siding the trial connected with the
court In which the tried. Now however, IL IL
allowed that the entire state may he ransacked FOR
ind rs 10 sit the defendants think that this VII lead
IN modification OF the law II certainly shoutd, NJ all
eyents Will Sharp be admitted 10 balI hardly hink
so There has been scandal enough IN the already,
and doubt il Judge be found who would be willing
or would dare To far as that. -
He added that the was no reason wnN Snarps
case sbond not have gone to the Geners Term just
tine same as O'NeIrs; that is with sharp IN sing
Sing. stay was entirely unnecessary.